Text: HSB00089 Text: HSB00091 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 19A.1, subsection 3, paragraph a, Code 1 2 1997, is amended by striking the paragraph. 1 3 Sec. 2. Section 19A.2, subsection 2, Code 1997, is amended 1 4 by striking the subsection. 1 5 Sec. 3. Section 19A.9, unnumbered paragraph 1, Code 1997, 1 6 is amended to read as follows: 1 7 Thepersonnel commissiondirector shall adopt and may amend 1 8 rules for the administration and implementation of this 1 9 chapter in accordance with chapter 17A.The director shall1 10prepare and submit proposed rules to the commission.1 11 Rulemaking shall be carried out with due regard to the terms 1 12 of collective bargaining agreements. A rule shall not 1 13 supersede a provision of a collective bargaining agreement 1 14 negotiated under chapter 20. The rules shall provide: 1 15 Sec. 4. Section 19A.9, subsections 1, 2, 14, 16, and 23, 1 16 Code 1997, are amended by striking the subsections and 1 17 inserting in lieu thereof the following: 1 18 1. For the preparation, maintenance, and revision of a job 1 19 classification plan that encompasses each job in the executive 1 20 branch, excluding job classifications under the state board of 1 21 regents, based upon assigned duties and responsibilities, so 1 22 that the same general qualifications may reasonably be 1 23 required for and the same pay plan may be equitably applied to 1 24 all jobs in the same job classification. The director shall 1 25 classify the position of every employee in the executive 1 26 branch, excluding employees of the state board of regents, 1 27 into one of the classes in the plan. An appointing authority 1 28 or employee adversely affected by a job classification or 1 29 reclassification may file an appeal with the director. The 1 30 classification or reclassification of a position that would 1 31 cause the expenditure of additional salary funds shall not 1 32 become effective if the expenditure of funds would be in 1 33 excess of the total amount budgeted for the department of the 1 34 appointing authority until budgetary approval has been 1 35 obtained from the director of the department of management. 2 1 When the public interest requires a diminution or increase 2 2 of employees in any position or type of employment not 2 3 otherwise provided by law, or the creation or abolishment of 2 4 any position or type of employment, the director, acting in 2 5 good faith, shall so notify the governor. Thereafter, the 2 6 position or type of employment shall stand abolished or 2 7 created and the number of employees therein reduced or 2 8 increased. 2 9 2. For pay plans covering all employees in the executive 2 10 branch of state government, excluding employees of the state 2 11 board of regents, after consultation with the governor and 2 12 appointing authorities, and consistent with the terms of 2 13 collective bargaining agreements negotiated under chapter 20. 2 14 14. For layoffs by reason of lack of funds or work, or 2 15 organization, and for the recall of employees so laid off, 2 16 giving primary consideration in layoffs to the performance 2 17 record and secondary consideration to the length of service. 2 18 An employee who has been laid off may be on a recall list for 2 19 one year, which list shall be exhausted by the agency 2 20 enforcing the layoff before selection of an employee may be 2 21 made from the promotional or nonpromotional list of eligibles 2 22 in the employee's classification. Employees who are subject 2 23 to contracts negotiated under chapter 20 which include layoff 2 24 and recall provisions shall be governed by the contract 2 25 provisions. 2 26 16. For discharge, suspension, or reduction in job 2 27 classification or pay grade for any of the following causes: 2 28 failure to perform assigned duties; inadequacy in performing 2 29 assigned duties; negligence; inefficiency; incompetence; 2 30 insubordination; unrehabilitated alcoholism or narcotics 2 31 addiction; dishonesty; unlawful discrimination; failure to 2 32 maintain a license, certificate, or qualification necessary 2 33 for a job classification or position; any act or conduct which 2 34 adversely affects the employee's performance or the employing 2 35 agency; or any other good cause for discharge, suspension, or 3 1 reduction. The person discharged, suspended, or reduced shall 3 2 be given a written statement of the reasons for the discharge, 3 3 suspension, or reduction within twenty-four hours after the 3 4 discharge, suspension, or reduction. All persons concerned 3 5 with the administration of this chapter shall use their best 3 6 efforts to insure that this chapter and the rules adopted 3 7 hereunder shall not be a means of protecting or retaining 3 8 unqualified or unsatisfactory employees, and shall discharge, 3 9 suspend, or reduce in job classification or pay grade all 3 10 employees who should be discharged, suspended, or reduced for 3 11 any of the causes stated in this subsection. 3 12 23. For the establishment of work test appointments to job 3 13 classifications such as laborers, attendants, aides, food 3 14 service workers, laundry workers, custodial workers, or 3 15 similar types of employment when the character of the work 3 16 makes it impracticable to effectively supply the needs of the 3 17 departments by written or other type of competitive 3 18 examination. If this subsection conflicts with any other 3 19 provisions of this chapter, the provisions of this subsection 3 20 govern the positions to which it applies. All persons 3 21 appointed to the positions specified in this subsection shall 3 22 serve a probationary period in accordance with this chapter, 3 23 may acquire permanent status, and are subject to the same 3 24 rules as other employees. Such persons shall be required to 3 25 pass promotional examinations as prescribed by this chapter 3 26 and the rules adopted by the director before they may be 3 27 promoted to a higher classification. 3 28 Sec. 5. Section 19A.16, Code 1997, is amended to read as 3 29 follows: 3 30 19A.16 SERVICES TO POLITICAL SUBDIVISIONS. 3 31Subject to the rules approved by the commission, theThe 3 32 director may enter into agreements with any municipality or 3 33 political subdivision of the state to furnish services and 3 34 facilities of the agency tosuchthe municipality or political 3 35 subdivisionin the administration of its personnel on merit4 1principles.Any suchThe agreement shall provide for the 4 2 reimbursement to the state of the reasonable cost of the 4 3 services and facilities furnished. All municipalities and 4 4 political subdivisions of the state are authorized to enter 4 5 into such agreements. 4 6 Nothing in this chapter shall affect any municipal civil 4 7 service programs presently established under and pursuant to 4 8the provisions ofchapter 400. 4 9 Sec. 6. Section 19A.18, unnumbered paragraphs 6 and 7, 4 10 Code 1997, are amended to read as follows: 4 11 Any officer or employeein the merit systemwho violates 4 12 any of the provisions of this section shall be subject to 4 13 suspension, dismissal, or demotion subject to the right of 4 14 appeal herein. 4 15 Thecommissiondirector shall adopt any rules necessary for 4 16 further restricting political activities ofpersons holding4 17positions in the classified serviceemployees in the executive 4 18 branch, but only to the extent necessary to comply with 4 19 federal standards. Employees retain the right to vote as they 4 20 please and to express their opinions on all subjects. 4 21 Sec. 7. Section 70A.1, unnumbered paragraphs 1 and 7, Code 4 22 1997, are amended to read as follows: 4 23 Salaries specifically provided for in an appropriation Act 4 24 of the general assembly shall be in lieu of existing statutory 4 25 salaries, for the positions provided for in the Act, and all 4 26 salaries, including longevity where applicable by express 4 27 provision in the Code, shall be paid according to the 4 28 provisions of chapter 91A and shall be in full compensation of 4 29 all services, including any service on committees, boards, 4 30 commissions or similar duty for Iowa government, except for 4 31 members of the general assembly. A state employee on an 4 32 annual salary shall not be paid for a pay period an amount 4 33 which exceeds the employee's annual salary transposed into a 4 34 rate applicable to the pay period by dividing the annual 4 35 salary by the number of pay periods in the fiscal year. 5 1 Salaries for state employeesother than annual salaries5 2 covered by the overtime payment provisions of the federal Fair 5 3 Labor Standards Act shall be established on an hourly basis. 5 4 State employees, excluding state board of regents' faculty 5 5 members with nine-month appointments, and employees covered 5 6 under a collective bargaining agreement negotiated with the 5 7 public safety bargaining unit who are eligible for accrued 5 8 vacation benefits and accrued sick leave benefits, who have 5 9 accumulated thirty days of sick leave, and who do not use sick 5 10 leave during a full month of employment may elect to accrue up 5 11 to one-half day of additional vacation. The accrual of 5 12 additional vacation time by an employee for not using sick 5 13 leave during a month is in lieu of the accrual of up to one 5 14 and one-half days of sick leave for that month. Thepersonnel5 15commissiondirector of the department of personnel may adopt 5 16 the necessary rules and procedures for the implementation of 5 17 this program for all state employees except employees of the 5 18 state board of regents. The state board of regents may adopt 5 19 necessary rules for the implementation of this program for its 5 20 employees. 5 21 Sec. 8. Section 70A.16, subsection 2, unnumbered paragraph 5 22 1, Code 1997, is amended to read as follows: 5 23 A state employee who is reassigned shall be reimbursed for 5 24 moving expenses incurred in accordance with rules and policies 5 25 adopted by the director of the department of personnel 5 26commissionwhen all of the following circumstances exist: 5 27 Sec. 9. Section 137.6, subsection 4, Code 1997, is amended 5 28 to read as follows: 5 29 4. Employ persons as necessary for the efficient discharge 5 30 of its duties. Employment practices shall meet the 5 31 requirements ofthe personnel commissionchapter 19A or any 5 32 civil service provision adopted under chapter 400. 5 33 Sec. 10. Sections 19A.4, 19A.6, and 19A.7, Code 1997, are 5 34 repealed. 5 35 EXPLANATION 6 1 This bill provides for changes relating to state government 6 2 personnel procedures. The bill abolishes the personnel 6 3 commission and transfers the commission's responsibilities to 6 4 the director of the department of personnel. The director 6 5 shall have the authority previously held by the commission to 6 6 adopt and amend rules necessary for the administration and 6 7 implementation of chapter 19A. Regarding job classification 6 8 rulemaking, the bill substitutes the word "job" for "position" 6 9 with reference to employment classifications within the 6 10 executive branch of state government, exclusive of the state 6 11 board of regents. The bill provides for appealing job 6 12 classification or reclassification actions to the director. 6 13 The bill provides that classifications or reclassifications 6 14 resulting in the expenditure of additional salary funds in 6 15 excess of a department's total budget shall not become 6 16 effective until budgetary approval has been obtained from the 6 17 director of the department of management. The bill provides 6 18 that the director shall notify the governor when a diminution 6 19 or increase of employees, or creation or elimination of a 6 20 position or type of employment, is required in the public 6 21 interest. Previously, the governor notified the personnel 6 22 commission of this occurrence. Additionally, a provision for 6 23 annual review by the governor of schedules of positions and 6 24 types of employment not otherwise provided for by law is 6 25 eliminated. 6 26 Under the bill rules may be made by the director relating 6 27 to pay plans covering executive branch employees, exclusive of 6 28 the state board of regents, which are consistent with 6 29 collective bargaining agreement terms. 6 30 The bill makes changes in terminology only, applicable to 6 31 rules concerning the recall of employees after layoffs, and 6 32 adds to the list of causes of employee discharge, suspension, 6 33 or reduction in job classification or pay grade for which 6 34 rules may be developed. A previous requirement that a copy of 6 35 a written statement of the reasons for employee discharge, 7 1 suspension, or reduction be provided the director is 7 2 eliminated. The bill deletes some job titles that are no 7 3 longer used. 7 4 The bill modifies Code section 19A.16, concerning services 7 5 to political subdivisions consistent with the elimination of 7 6 the personnel commission. Provisions in Code section 19A.18 7 7 concerning merit system references are amended to include all 7 8 executive branch employees. Additionally, the bill adds 7 9 language to Code section 70A.1 providing that salaries for 7 10 state employees covered by the overtime payment provisions of 7 11 the federal Fair Labor Standards Act shall be established on 7 12 an hourly basis and making additional changes consistent with 7 13 the elimination of the personnel commission. 7 14 LSB 1243DP 77 7 15 rn/sc/14.1
Text: HSB00089 Text: HSB00091 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Wed Feb 5 03:40:49 CST 1997
URL: /DOCS/GA/77GA/Legislation/HSB/00000/HSB00090/970204.html
jhf